Valdosta Daily Times

Local News

December 12, 2013

Advanced Disposal appeals Deep South decision

VALDOSTA — Advanced Disposal Services has filed an appeal of a judge’s recent ruling that circumvents the company’s exclusive contract with Lowndes County and allows a competing garbage disposal company to continue operating in the county.

Advanced Disposal is also making arrangements to process collected recyclable materials at a different location after the City of Valdosta suspended the company’s access to its recycling facility.

On Dec. 2, Southern Circuit Judge Harry J. Altman ruled that Deep South Sanitation could continue collecting garbage from residents in unincorporated areas of the county and ordered the county to issue the company a license or franchise to operate.

Filed in Lowndes County Superior Court, Advanced Disposal’s appeal of Altman’s decision seeks to have the case heard in Georgia’s Supreme Court and makes reference to issues concerning Georgia’s State Constitution as the reason why the Court of Appeals does not have jurisdiction over the matter.

The Lowndes County Commission has not joined Advanced Disposal in the appeal and does not plan to make a decision whether to do so until after the county receives instruction on how to enact the judge’s order.

“It’s too early to say what the county’s position is on the appeal,” said County Commission Chairman Bill Slaughter. “We’ve filed for a motion of clarification on how to do what the judge ordered. Do we give Deep South a license with the same rates and same fees as Advanced Disposal? That’s the kind of clarification we need before we can move forward with a decision about the appeal.”

Cary Scarborough, Deep South’s owner, and Rob Plumb, Deep South’s attorney, believe the appeal process will take at least nine months and is an attempt by Advanced Disposal to protect “their monopoly position in this market.”

“I think the court got it right. It was a fair and balanced decision, and I hoped that would be the end of it,” said Plumb. “Our only grievance is that the county and Advanced Disposal teamed up to put Deep South out of business.”

Deep South was operating in Lowndes County before the county’s decision to take bids from companies to provide sanitation services. Deep South did not place a bid for the contract because it could not operate on the scale that the contract required, Plumb said.

Georgia Code allows counties to enter into agreements with private companies for solid-waste handling, and Judge Altman did not address the constitutionality of his order when he denied the county’s request.

Requests made to Advanced Disposal Service’s corporate office and Robert Norman, the lawyer who filed the appeal, to learn the company’s reasoning behind the appeal were not returned by press time.

Meanwhile, the City of Valdosta’s recycling center has denied Advanced Disposal further access to its facilities, citing concerns about volume.

John Whitehead III, deputy city manager for operations, said that the center could not process the company’s deliveries fast enough, and material was beginning to pile up. The suspension is temporary, Whitehead said, and was done to ensure that the city could process its recycling which increases during the holidays.

“We had been taking our recycling to the City of Valdosta, and Monday they cut us off without any notice,” said Greg Walk, local general manager for Advanced Disposal. “We’ve constructed a bunker at the landfill, and the material that is being collected in that bunker will be taken to a processing plant in Milledgeville.”

The company had to dispose of recycled materials collected Monday and Tuesday but continued recycling service Wednesday.

“It was the last thing we wanted to do to our recyclables, but we responded as quickly as possible,” said Walk.

1
Text Only
Local News
  • Brown Johnson Solis Cardiovascular Surgeons.jpeg Cardiac, Vascular, Thoracic & Endovascular Surgeons Join South Georgia Medical Center

    The three surgeons will operate a full-time medical practice and professional office named the SGMC CardioVascular Institute.  The medical office, which is located in Suite 230 of the Professional Building which is adjacent to SGMC, will be open 8am to 5pm Monday through Friday.

    July 30, 2014 1 Photo

  • 140729-Gas_Leak002.jpg Roadway closed after second gas line break

    For a second day in a row, workers from Valdosta’s Utilities Department struck a natural gas service line causing a leak that shut down a portion of Forrest Street, officials said.

    July 30, 2014 1 Photo

  • dump truck arrest photo.jpg Deputies nab stolen dump truck suspects

    The search for suspected dump truck thieves ended Tuesday afternoon with the arrest of two men in the same area officials searched extensively Monday.

    July 30, 2014 2 Photos

  • Bears sighted on Baytree

    A pair of bear sightings along Baytree Road this week could indicate a growing black bear population in Lowndes County.

    July 30, 2014

  • Johnson family files second suit against school

    Two months after filing a civil suit against Lowndes County Schools, Kendrick Johnson’s parents have filed a second suit against the school system which again claims that negligence and bullying led to their son’s death.

    July 30, 2014

  • Teachers Harvest

    With students and teachers returning to the classroom in the coming days, the need for school supplies is at the top of numerous priority lists. For teachers, this often means spending their money to ensure classrooms are fully stocked.

    July 30, 2014

  • Lake Park holds millage rate hearings

    Lake Park City Council held two public hearings Tuesday to discuss raising Lake Park's millage rate from 5.052 to 6.552, an increase of 1.5.

    July 30, 2014

  • 140729_celebritywaiter004.jpg Celebrity waiters raise $14,000 for CAC

    For local leaders, wearing aprons, counting tips and taking drink orders is quite the change from their day jobs. When it's for a good cause though, these “celebrities” didn't mind stepping out of their comfort zones to help.

    July 30, 2014 4 Photos

  • Jim Zachary Mug shot.jpg Zachary named The Valdosta Daily Times’ editor

    Veteran newspaper editor Jim Zachary has assumed the editor’s chair at The Valdosta Daily Times.
    During the past two decades Zachary has been one of the most decorated community newspaper journalists in Georgia and Tennessee.

    July 29, 2014 1 Photo

  • 140728-griner001.jpg Griner takes oath

     Surrounded by family, friends, and fellow commissioners, Clay Griner took the oath of office Monday morning as the Lowndes County Super District 5 commissioner.

    July 29, 2014 1 Photo

Top News
Poll

Do you agree with the millage rate increases?

Yes. We need to maintain services
No. Services should have been cut.
     View Results